Breaking: Bombay HC Quashes Government Resolution Making It Mandatory For Assistant Public Prosecutors To Secure 25% Conviction For A Promotion [Read Judgment]
6 years, 4 months ago

Breaking: Bombay HC Quashes Government Resolution Making It Mandatory For Assistant Public Prosecutors To Secure 25% Conviction For A Promotion [Read Judgment]

Live Law  

The Bombay High Court has quashed a government resolution dated May 12, 2015 imposing a condition that the Assistant Public Prosecutor, whose rate of conviction is less than 25% of the cases handled by him, is not entitled to promotion.Division bench of Justice SV Gangapurwala and Justice SK Kotwal at Aurangabad held that the said notification was irrational, unreasonable and against the law. The Bombay High Court has quashed a government resolution dated May 12, 2015 imposing a condition that the Assistant Public Prosecutor, whose rate of conviction is less than 25% of the cases handled by him, is not entitled to promotion. Considering such impartial duty to be performed by the Public Prosecutor, the State cannot set target before the Public Prosecutors to get conviction at least in 25 % criminal cases handled by them. In other words, by passing the impugned Government Resolution, the State Government cannot fix bench-mark for the Public Prosecutors to secure at least 25% conviction in the criminal cases handled by them, to get promotion.” Thus, the writ petition was allowed and the said GR was quashed.

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History of this topic

HC dismisses plea for appointment of special public prosecutor in a case against former Minister Antony Raju
1 week ago

HC dismisses plea for appointment of special public prosecutor in a case against former Minister Antony Raju

The Hindu  

The Kerala High Court has dismissed a petition seeking appointment of a special public prosecutor for the conduct of a criminal case pending before the Nedumangad Judicial Magistrate Court against MLA and former Transport Minister Antony Raju in connection with the tampering of evidence in a 1990 drug smuggling case. In his petition, Anil K. Emmanuel, a journalist, said that …

Kerala High Court Refuses To Appoint Special Public Prosecutor In Evidence Tampering Case Against MLA Antony Raju
1 week ago

Kerala High Court Refuses To Appoint Special Public Prosecutor In Evidence Tampering Case Against MLA Antony Raju

Live Law  

The Kerala High Court has dismissed the petition seeking to appoint a Special Public Prosecutor in the trial of MLA Antony Raju in the evidence tampering case. “Considering the fact that there is nothing to show that the present Public Prosecutor cannot adequately handle the case, the trial has already been commenced and that there is a specific direction by …

Appointment As Govt Pleader Or Public Prosecutor Not A 'Right', No Reservation Provided For Persons With Benchmark Disabilities Under RPwD Act: Kerala HC
1 month, 2 weeks ago

Appointment As Govt Pleader Or Public Prosecutor Not A 'Right', No Reservation Provided For Persons With Benchmark Disabilities Under RPwD Act: Kerala HC

Live Law  

The Kerala High Court has ruled that reservation to persons with benchmark disabilities under Section 34 of the Rights of Persons with Disabilities Act, 2016 cannot be extended while appointing government pleaders and public prosecutors, as they do not have a specific cadre strength, and therefore, no vacancies within a cadre where such reservations can be applied. The Counsel for …

High Court calls out Maharashtra for seeking adjournment of ex-IPS officer's plea
3 months, 1 week ago

High Court calls out Maharashtra for seeking adjournment of ex-IPS officer's plea

India Today  

The Bombay High Court on Friday criticized the Maharashtra government's handling of an adjournment request in a series of petitions involving former senior police officers and others. The bench, comprising Justices Bharti Dangre and Manjusha Deshpande, was hearing three petitions filed by former Mumbai police commissioner Sanjay Pandey, lawyer Shekhar Jagtap and another by some police officers seeking the quashing …

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court
1 year, 1 month ago

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court

Live Law  

In a recent decision, Rajasthan High Court has made a string of remarks about when an application to withdraw prosecution under Section 321 CrPC can be made. The single-judge bench of Justice Farjand Ali also observed that Section 321 CrPC provides an overwhelming pertinence to the discretion of a Public Prosecutor and his role, as an officer of the court, …

"Stop Salaries Of Prosecutor, IO Till Witnesses Are Examined": PH High Court Slams Prosecution's 'Casual' Approach In A POCSO Trial
2 years, 6 months ago

"Stop Salaries Of Prosecutor, IO Till Witnesses Are Examined": PH High Court Slams Prosecution's 'Casual' Approach In A POCSO Trial

Live Law  

The Punjab and Haryana High Court recently issued a direction to stop the salary of a public prosecutor and an investigating officer after it noted that the prosecution had been 'casual' in their approach to conducting the trial in a POCSO Case. "Since the Public Prosecutor and the Investigating Officer of the case have not performed their duties with due …

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court
3 years, 3 months ago

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court

Live Law  

The Bombay High Court has said conviction cannot be solely based on the admissions made by the accused in his statement under Section 313 of the Criminal Procedure Code. A single judge bench of Justice Anuja Prabhudessai while acquitting two accused of possessing counterfeit currency in Mach 2016, said, "The prosecution having failed to establish the guilt of the accused …

Indicate Steps Taken To Appoint Public Prosecutors In Courts: Karnataka High Court Asks Govt
4 years ago

Indicate Steps Taken To Appoint Public Prosecutors In Courts: Karnataka High Court Asks Govt

Live Law  

The Karnataka High Court on Friday directed the state government to place on record a compliance report indicating steps taken by it for appointment of public prosecutors in courts across the state.A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj said "It must be noted here that without the presence of adequate number of public prosecutors the …

Public Prosecutor's Statement Cannot Be Said To Be Strictly Correct: SC Grants Bail To Accused Under Stringent Anti-Terror UAPA [Read Order]
4 years, 5 months ago

Public Prosecutor's Statement Cannot Be Said To Be Strictly Correct: SC Grants Bail To Accused Under Stringent Anti-Terror UAPA [Read Order]

Live Law  

The Supreme Court on Wednesday allowed the special leave petition of a Jodhpur-resident facing trial under the Unlawful Activities Act 1967, allegedly for facilitating the escape of a terror suspect. The Bench of Justices RF Nariman, Navin Sinha and KM Joseph enlarged the accused on bail, while holding that the Rajasthan High Court had erred in relying on the public …

Petition In SC Challenges Appointment Process Of Public Prosecutors In Kerala [Read Petition]
5 years, 4 months ago

Petition In SC Challenges Appointment Process Of Public Prosecutors In Kerala [Read Petition]

Live Law  

A Writ Petition has been filed in the Supreme Court of India to strengthen the prosecution machinery across the country, especially in the State of Kerala in pursuance of the provisions in Section 24, 24 and 25A of the Code of Criminal Procedure, 1973. Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under …

Merit not seniority to decide public prosecutor’s assignments
6 years, 2 months ago

Merit not seniority to decide public prosecutor’s assignments

Hindustan Times  

Merit and not seniority will decide the court in which public prosecutors will appear in Madhya Pradesh, signaling a major shift in the way in which public prosecution is carried out in the state and is expected to increase the conviction rate, said officials of the state prosecution office adding that merit will also become a criterion in transfers and …

High Court Allows De facto Complainant to Conduct Prosecution Independently in Sessions Case
6 years, 10 months ago

High Court Allows De facto Complainant to Conduct Prosecution Independently in Sessions Case

Live Law  

The Supreme Court has set aside an order of the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh that allowed a de facto complainant to conduct the prosecution independently, by engaging an advocate. The court found that the proviso to Section 24(8) of the CrPC, which allows the victim to engage an advocate of …

Independent Prosecution By De Facto Complainant Not Permissible In Sessions Case: SC Sets Aside HC Order Accepting HC’s Plea [Read Order]
6 years, 10 months ago

Independent Prosecution By De Facto Complainant Not Permissible In Sessions Case: SC Sets Aside HC Order Accepting HC’s Plea [Read Order]

Live Law  

The Supreme Court has set aside an order of the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh that allowed a de facto complainant to conduct the prosecution independently, by engaging an advocate.The special leave petition was filed by the high court on its administrative side, assailing an order of the high court, on …

SC Stays Bombay HC Judgment on Appointment Of Prosecutors [Read Petition And Order]
7 years, 5 months ago

SC Stays Bombay HC Judgment on Appointment Of Prosecutors [Read Petition And Order]

Live Law  

The Supreme Court on Wednesday stayed the Bombay High Court order directing the Maharashtra government to follow its 1997 rules for appointments of public prosecutors and additional public prosecutors for the districts by promoting assistant public prosecutors.The State of Maharashtra has filed appeal against the Judgment of Bombay High Court in Maharashtra State Public. The Supreme Court on Wednesday stayed …

Jayalalithaa case was prejudiced, says Special Public Prosecutor-IndiaTV News
9 years, 10 months ago

Jayalalithaa case was prejudiced, says Special Public Prosecutor-IndiaTV News

India TV News  

New Delhi: Special Public Prosecutor B V Acharya on Monday said the prosecution case had been "seriously prejudiced" in the disproportionate assets case against former Tamil Nadu Chief Minister Jayalalithaa and three others, as the state of Karnataka and SPP appointed by it was denied an opportunity to convince High Court through oral arguments. Acharya said he was appointed as …

Public prosecutor under fire from supreme court
10 years, 2 months ago

Public prosecutor under fire from supreme court

Dutch News  

The public prosecution department is strongly criticised in a report published on Tuesday by the supreme court for handing out punishment where there is insufficient evidence. In 2008 the public prosecutor was given the legal to determine fines and sentences for cases carrying a maximum of six years imprisonment, but the supreme court is highly critical of how this change …

Public prosecutor under fire from supreme court
10 years, 2 months ago

Public prosecutor under fire from supreme court

Dutch News  

The public prosecution department is strongly criticised in a report published on Tuesday by the supreme court for handing out punishment where there is insufficient evidence. In 2008 the public prosecutor was given the legal to determine fines and sentences for cases carrying a maximum of six years imprisonment, but the supreme court is highly critical of how this change …

Delhi government rapped for not appointing public prosecutors
11 years ago

Delhi government rapped for not appointing public prosecutors

India TV News  

He further submitted that for want of proper safekeeping of files, which get lost often and due to this, adjournments are being sought frequently by the public prosecutors, which ultimately leads in delaying the criminal trials. The Delhi government has submitted that the proposal for creation of 63 posts of assistant public prosecutors, 38 posts of additional public prosecutors and …

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